Leave granted.
The present appellant is aggrieved by the judgment and
order dated 28.06.2019 passed by the Orissa High Court at
Cuttack setting aside the findings recorded by the Civil
Judge (Senior Division), Sundargarh, Odisha vide order dated
16.02.2016 directing the present appellant to be entitled to
50% of share of the compensation as awarded by the Reference
Court under Section 30 of the Land Acquisition Act, 1894
(“the Act”).
The acquisition proceedings in reference to the subject
land in question were initiated pursuant to the Notification
dated 28.04.2010 published by State Government under Section
in Village Lankahuda, District Sundargarh, Odisha, was
acquired.
Pursuant to the subject land was acquired, the claim
application was preferred by the aggrieved person(s) before
the Land Acquisition Officer (LAO) including the present
appellant and respondent no.3. The appellant herein claimed
50% of the awarded amount of compensation as one of the legal
representative/heir of the deceased land holder of Late
Jadumani. The LAO accepted the claim of respondent no.3 on
the basis of the Will, disowning the claim of the present
appellant on the premise that Kuladhara father of the
appellant was pre-deceased on 14.07.1973 before the death of
Jadumani.
On appeal being preferred at the instance of the present
appellant before the Ld.Senior Civil Judge, Sundargarh,
Odisha, the finding was reversed and it was observed that the
Kuladhara, father of the appellant died on 14.07.1993 and the
appellant was entitled for 50% share of the compensation
awarded by the Reference Court, but on further appeal being
preferred by the respondent no.3, the finding of the Land
Acquisition Officer was restored holding the death of
Kuladhara, father of the appellant was pre-deceased on
14.07.1973.
This Court in its order dated 17.12.2019 observed as
under :
“The only question involved in this petition is
regarding the death of Kuladhar. Learned counsel for
the petitioner submits that he has died on 14.7.1993
whereas learned counsel for the respondent submits
that Kuladhar has expired on 14.07.1973.
However, the death certificate issued by the concerned
authorities shows that Kuladhar’s death ws on
10.05.1983.
Learned counsel for the petitioner is directed to
produce certified copy of the birth and death register
before this Court finally within three weeks from
today.
Status quo, existing as on today, shall be maintained
with regard to the compensation.
List after three weeks.”
In sequel thereof, by order dated 31.01.2020, this Court
directed the Principal District Judge, Sundargarh in the
State of Odisha to conduct an enquiry regarding the date of
death of Kuladhara Tanty s/o late Brundaban Tanty, resident
of Village/P.O. Lankahuda, P.S. Sadar, District Sundargarh
and submit a report to this Court.
In compliance of order of this Court, Ld. District &
Sessions Judge, Sundargarh conducted inquiry and submitted
its report to this Court finally arriving at a conclusion
after appreciation of the evidence being filed by the
respective parties and also taken into consideration the oral
evidence which was produced before him, observed that death
of Kuladhara had taken place on 14.07.1993 in Village
Raibaga.
Mr.Ramakant Mohanty, learned senior counsel for
respondent no.3 submits that during the pendency of the
proceedings, 14.07.1973 was the date of death of Kuladhara
was on record and at one stage an application was filed at
the instance of the present appellant seeking amendment
treating it to be a typographical error to show the date of
death of Kuladhara to be 14.07.1993. The application for
amendment was dismissed and revision petition preferred at
the instance of the appellant was declared to be infructuous.
Learned counsel further submits that once the
application for amendment seeking change of date of death of
Kuladhara has been rejected, it may not be in the interest
of justice in taking the report of the Ld. District & Sessions
Judge, Sundargarh who has not appreciated the evidence in the
right perspective to record a finding regarding the date of
death of Kuladhara.
After we have heard learned counsel for the parties and
taking into consideration the report of Ld. District &
Sessions Judge, Sundargarh which has been furnished by him
on 28.09.2020 pursuant to the order of this Court dated
31.01.2020 and arrived at conclusion that death of Kuladhara
had taken place on 14.07.1993 in Village Raibaga. We accept
the report.
In our considered view, the order of the High Court
impugned dated 28.06.2019 in the light of what has been afore-
stated, deserves to be set aside.
Consequently, the appeal succeeds and is, accordingly
allowed. The order of the High Court impugned dated
28.06.2019 is hereby, quashed and set aside. We confirm the
order dated 16.02.2016 of Ld.Senior Civil Judge, Sundargarh,
Odisha and the appellant is entitled to claim 50% of her
share of compensation in terms of order dated 16.02.2016.
Pending application(s), if any, shall stand disposed
of.
ITEM NO.2 Court 14 (Video Conferencing) SECTION XI-A
Petition(s) for Special Leave to Appeal (C) No(s). 22220/2019
(Arising out of impugned final judgment and order dated 28-06-2019 in LAA No. 27/2016 passed by the High Court Of Orissa At Cuttack)
SPECIAL LAND ACQUISITION OFFICER AND SUB COLLECTOR, ULTRA MEGA POWER PROJECT, SUNDARGARH & ORS. RESPONDENT(S)
(With IA No. 16275/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES & IA No. 151325/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 27-09-2021 These matters were called on for hearing today.
CORAM :
For Petitioner(s) Mr. Ajit Kr. Sinha Sr. Adv
Mr. Avnish Kumar Sharma Adv
Mr. Ramendra Mohan Patnaik, AOR
For Respondent(s) Mr. Ramakant Mohanty, Sr. Adv.
Mr. Deepankar Bharadwaj, Advocate
Mr. Nagarkatti Kartik Uday, AOR
UPON hearing the counsel the Court made the following
Leave granted.
The Civil Appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(Signed order is placed on the file)